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Any signal jammer is illegal (at least in the USA as per the FCC)

Oh, good. We should be safe, then.

If only crime was illegal too..

You can use Protected Management Frames (PMF) with both WPA2 and WPA3, they are mandatory for the latter. Not sure what you mean with DFS band - remember that on any 5 GHz radar channel where an AP is communicating, stations can assume the AP has done the necessary pre clearing. Deauthing is illegal in any scenario.

Brute jamming of course will affect any encryption you use.

The assumption is that because DFS is intended for military use operating a jammer (not deauthing) on it would be more severely illegal than doing so on purely civilian frequencies.

I have no idea if this is actually true or not.

> it would be more severely illegal

...they are breaking into peoples houses and robbing them.

Correct. Messing with military related tech falls into an entirely different "fuck around and find out" category.

Both WPA2 and WPA3, despite improvements in WPA3.